Liverpool City CouncilLicensing & Public Protection

Danny Macs Tavern

1 Oldham Street, Liverpool, Merseyside, L1 2SU

Completed application 153119 which is a N/A for Premises Licence from 13/07/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

Additional Conditions

•  

  ANNEX 1 - MANDATORY CONDITIONS

   

  Supply of Alcohol

   

  1.              No supply of alcohol may be made under the premises licence;

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  3.               (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

   

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

   

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

   

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

   

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  4.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  5.              (1)  The premises licence holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

   

  (a) a holographic mark, or

  (b) an ultraviolet feature.

   

  6.  The responsible person must ensure that-

   

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

   

  (i) beer or cider: ½ pint;

  (ii)gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii)still wine in a glass: 125 ml;

   

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  7. Prohibition on Sale of Alcohol below Cost of Duty plus VAT             

   

  (1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  (2)              For the purposes of the condition set out in paragraph (1) -

               

  (a)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b)              “permitted price” is the price found by applying the formula -

                   

  P = D + (D x V)

     

                                 Where -

   

  (i) P is the permitted price,

  (ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -

   

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence,

  or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

               

  (e) “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994

   

  (3)              Where the permitted price given by Paragraph (b) of paragraph (2) would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  (4)              (a) Sub-paragraph (b) below applies where the permitted price given by Paragraph (b) of paragraph (2) on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (b) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  Exhibition of films.

   

  1.              Admission of children to the exhibition of any film is to be restricted in accordance with the recommendations made by the specified film classification body.

   

  2.              Where -

  (a)              the film classification body is not specified in the licence, or

  (b)              the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  3.              In this section -

  “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Door supervision.

   

  Any person(s) required to be on the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or be entitled to carry out that activity by virtue of Section 4 of that Act.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.                            All children must be off the premises 30 minutes after end of food service.

   

  2.                            The licensee reserves the right to move the fire appliances, AWP machines, cigarette machines and any other similar objects temporarily in a fixed location which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.

   

  3.              CCTV shall be installed at the Premises in the form of a recordable system, capable of providing clear, good quality images in all lighting conditions.  Cameras shall encompass all entrances and exits to the premises, any external seating or smoking areas, all areas where the sale, supply or consumption of alcohol occurs and all other areas where licensable activity takes place.  Equipment shall be maintained in good working order and checked on a regular basis to ensure it displays the correct time and date.  The system shall record in real time and operate whilst the premises are open to the public.  The recordings shall be retained for a period of 31 days and made available to any authorised officer on reasonable request for evidential purposes, in accordance with Data Protection Legislation.  The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual.  There shall be sufficient members of trained staff available to be able to download or view CCTV evidence with the minimum of delay at the reasonable request of an authorised officer.

   

  4.               The premises will adopt a Challenge 21 policy to be in place. All staff to be trained prior to serving any age restricted products. Training records to be kept for inspection by an authorised officer of the local authority.
   

  5.               An incident book shall be maintained to record any activity of a violent, criminal, or antisocial nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority and/or Police Officer. The records will be retained for at least 12
  months.
   

  6.               Refusals log shall be maintained and to be monitored by the DPS. The refusals book to contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the salesperson refusing the sale.
  
  The Refusals Book to be kept on the licensed premises and made available for inspection by relevant authorities.
   

  7.               The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits reminding patrons to respect the needs of local neighbours and leave the premises and the area quietly.
   

  8.               Door supervisors shall be employed at the premises on occasions as deemed necessary by the Designated Premises Supervisor and/or premises management following a risk assessment and on occasions following consultation with the Police.

   

  9.              All windows and external doors shall be kept closed after 2300, except for the immediate access and egress of persons.

   

  10.              Speakers shall not be located/operated in entrance lobbies or outside of the premises.

   

  EMBEDDED RESTRICTIONS

   

  1.              Alcohol shall not be sold or supplied except during permitted hours.

   

  The above restriction does not prohibit:

   

  (a)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (c)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (d)              the sale of alcohol to a trader or club for the purposes of the trade or club;

  (e)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

  (f)              the taking of alcohol from the premises by a person residing there;

  (g)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

  (h)              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not applicable

• Annex 4 - Plans

   

  See plan deposited with the premises licence variation application of the 14th August 2019 reference 7737-LIC 001 rev b, dated 03 04 19 and retained by Licensing and Public Protection.